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HomeMy WebLinkAboutResolution - 2013-R0448 - Accept Easement - 12_19_2013RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby accepts on behalf of the City of Lubbock an Easement as described on Exhibit "A" attached hereto and incorporated herein by reference, located in Sections 7 and 8, Block E, Lubbock, Lubbock County, Texas, and related documents. Said Easement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the consideration for the Easement shall be $2,327.00 and that closing costs shall also be paid in connection with the purchase of the property, said payments approved herein. Passed by the City Council on ATTEST: December 19, 2013 Reb ca Garza, City 4 cretary APPROVED AS TO CONTENT: A ))e-JV'6r1—j --- R. Keith Smith, P.E., Director of Public Works Dave Booher, Right -of -Way Agent TO FORM: Chad Weaver, Assistant City Attorney cw/Res.Easement-First Baptist Church 11.19.13 EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK FIRST BAPTIST CHURCH OF LUBBOCK, TEXAS, TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC., and WAYLAND BAPTIST UNIVERSITY, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13t' Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the sole purpose of: (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply Pipeline Casement Agreement with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation of water and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall be removed by Grantee from Grantor's property and disposed of properly. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, irrigate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. Pipeline Casemcnl Agreement 2 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. It. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 14. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 15. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 16. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 17. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 18. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 19. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set Pipeline Easement Agreement forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 20. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 21. This instrument may be executed in multiple counterparts and the signature pages and acknowledgment pages combined to form one document for recording purposes. TO HAVE AND TO FIOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. EXECUTED this _r day of R ���+Vf MZ , 2013 ("Effective Date"). Pipeline Fasement Agreement 4 TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. EXECUTED this, . day of , 2013 ("Effective Date"). GRANTOR: FIRST BAPTIST CHURCH OF LUBBOCK, TEXAS By: - Title: TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC. M. Title: `ii"ice i-TJi�l iD Da�I'TIbT U2 ii'i Y'iYiOIT i By: Title: Pr,e S► Pipeline Easement Agreement THE STATE OF TEXAS COUNTY OF HALE § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared PAUL ARMES , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of WAYLAND BAPTIST UNIVERSITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of September .2013. CAROLYN ANDREWS Notary Pu and for the State of Texas My Commission Expires September 29, 2015 My Commission Expires: 9-29-15 GRANTEE: The City of Lubbock By:_ Name: Glen C. Robertson Title: Mayor ATTEST: 0 zet"' C--� Re cca Garza, City Secret Pipeline basement Agreement 7 South Lubbock Sanitary Sewer Extension Parcel No. 35 PERIMETER SURVEY OF A 1.788 ACRE TRACT LOCATED IN N SECTION 8, BLOCK E SCALE: 1'=300' LUBBOCK COUNTY, TEXAS R 00 �$ hit Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feet. Combined Scale Factor. 1.00024 Surveyed on the ground. October 1, 2013 l I n �Rrofessional Land Surveyor No, 5895 State of Texas 320Acre:r - Tract2 (SAT/4) Onsatrs Tctzr narcw&1 rlcllocr4 Fr�rfp _!ng ��Wy�_ ��lldr►m�!!l• CCFd701A?f(21.i! e--W_ Ll Ell Ll 221.72Acros 0 � s�rQ M Line Table Line Length Direction Ll 2366.89' N8801915"W L2 30.60' NOl°47'49"E L3 2367,00' S88° 16' 56"E L4 35.20' SOl° 57' 56"W No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. POINT OF BEGINNING 1 NOTES: t HEAVY LINES INDICATE PLAT LIMITS. A - FOUND RAILROAD SPIKE o - SET 1 /2" IRON ROD WITH CAP ® - SET MAG NAIL A legal description ofeven survey date herewith accompanies this plat of survey. Sheet 1 of 2 Copyright 2013, Hugo Reed and Associate; Inc. for the soIc use of fide Co. far GF A and any other Identifiers as indicated in the certificate shown hereon Exhibit A - Page 2 of 4 South Lubbock Sanitary Sewer Extension Parcel No. 35 PERIMETER SURVEY OF A 1.788 ACRE TRACT LOCATED IN SECTION 8, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.788 acre parcel located in Section 8, Block E, Lubbock County, Texas, being a portion of a 320 acre tract described in. County Clerk File Number 2010042154, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a Railroad spike found in the South line of said 320 acre tract and at die Nortlwest corner of a 113.24 acre tract described in Volume 9417, Page 153 & 159, Official Public Records, Lubbock County, Texas and at the Northeast corner of 221.72 acre tract described in Volume 5480, Page 5, Real Property Records, Lubbock County, Texas, also being the common corner of Sections 7, 8, 11 and 12, Block F., Lubbock County, Texas; THENCF, N. 88010' 15" W. along the North line of said 221.72 acre tract and the South lines of said 320 acre tract and a 50.00 foot road easement described in Volume 1131, Page 117, Deed Records, Lubbock County, Texas, at 2062.97 feet pass a 60D Nail found at the Northwest corner of a 2.44 acre tract described in County Clerk File Number 2009033437, Official Public Records, Lubbock County, Texas, continuing for a total distance of 2367.00 feet to a mag nail set in the East line of Highway 87 described in Volume 1118, Page 259, Deed Records, Lubbock County, Texas, for the Southwest comer of this tract; THENCE N. 01047'54" E. along the East line of said Highway 87, a distance of 30.60 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88010'15" E. a distance of 2367.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this parcel; THENCE S. 01057'56" W. a distance of 35.20 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 31, 2013 �a E, n E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 copyright 2013, Hugo Reed and Associates, Inc. for the sole use of fate Co. for GF p and any other identiriers as indicated in the ceniricale shown hereon, South Lubbock Sanitary Sewer Extension Parcel No. 34 PERIMETER SURVEY OF A 2.066 ACRE TRACT LOCATED IN N SECTION 7, BLOCK E SCALE: I "=300' LUBBOCK COUNTY, TEXAS Line Table Direction01° 57' S6"E8° =2639.5 07' 22"E I.49' 16" W88° IV 14"W OF BEGINNING Orobet,�Taras C�dmSXn� Faaa7y .nisi � C,btrrr�r�I�U' IOb42lS4 6sac 11-.14A&vs'.. . YaL:;rI9T� 162 TmraSdrResbmsrsLCC YoL Sid/7; 9S3.�I39 Beatings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey fect. Combined Scale Factor. 1.00024 Surveyed on the ground. Octobcr 1, 2013 > E.; 02, J E. ,Allcn ke-gisfered Professional Land Surveyor No. 5895 State of Texas No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. tau NOTES: A HEA%rY LINES FOUND RAILROAD SPIKE CATE T LIMITS. o - SET 1/2" IRON ROD WITH CAP A legal description of evcn survey date herewith accompanies this plat of survey. Sheet 1 of 2 HUGO REED AND ASSOCIATES. INC. LUBBOCK. TEXA5 1-ul PHONE: 8061763-5642 FAX: 806 / 763-3891 2013, Hugo Reed tmd Associate; Inc for the sole use of Title Co. A ""G,ul r.r identifiers as indiraled in the certificate shown bet m i it A- Page 4 of 4 South Lubbock Sanitary Sewer Extension Parcel No. 34 PERIMETER SURVEY OF A 2.066 ACRE TRACT LOCATED IN SECTION 7, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 2.066 acre parcel located in Section 7, Block E, Lubbock County, Texas, being a portion of a 320 acre tract described in County Clerk File Number 2010042154, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a Railroad spike found in the South line of said 320 acre tract and at the Northwest corner of a 113.24 acre tract described in Volume 9417, Page 153 & 159, Official Public Records, Lubbock County, Texas and at the Northeast corner of 221.72 acre tract described in Volume 5480, Page 5, Real Property Records, Lubbock County, Texas, also being the common corner of Sections 7, 8, 11 and 12, Block E, Lubbock County, Texas, for the Southwest corner of this parcel; TIIENCE N. 01"57'56" E. along the common line of Sections 7 and 8, Block E, a distance of 35.20 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 88010' 14" E. a distance of 2639.49 feet to a 1/2" iron rod with cap set in the East line of said 320 acre tract and the West line of a 2.50 acre tract described in Volume 10101, Page 312, Official Public Records, Lubbock County, Texas, for the Northeast corner of this parcel; THENCE S. 010499 6" W. along the common line of said 320 acre and 2.50 acre tracts, a distance of 33.00 feet to a Railroad Spike found at the Southwest corner of said 2.50 acre tract and the Northwest corner of a 160.00 acre tract described in Volume 302, Page 176, Deed Records, Lubbock County, Texas, and the Northeast corner of said 113.34 acre tract and the South line of said 320 acre tract, also being in the common line of Sections 7 and 12, Block E, Lubbock County, Texas; THENCE N. 88010'14" W. along said common Section line and the South line of said 320 acre tract and the North line of said 113.34 acre tract also being the South line of said 50 foot road easement a distance of 2639.57 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompaiues this legal description. Surveyed on the ground October 31, 2013 o E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 ght 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. It and any other identifiers as indicated in the eenilicatc shown hereon. EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK FIRST BAPTIST CHURCH OF LUBBOCK, TEXAS, TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC., and WAYLAND BAPTIST UNIVERSITY, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 131h Street, Lubbock, Texas 79401., the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the sole purpose of: (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply Pipeline Easement Agreement with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation of water and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall be removed by Grantee from Grantor's property and disposed of properly. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, irrigate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. Pipeline Easement Agreement 2 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 14. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 15. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 16. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 17. This Easement contains the final. and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 18. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 19. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set Pipeline Easement Agreement 3 forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 20. Neither party shall be liable to the other party or any of such party's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 21. This instrument may be executed in multiple counterparts and the signature pages and acknowledgment pages combined to form one document for recording purposes. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. EXECUTED this PI day of /u A-t/ , 2013 ("Effective Date"). Pipeline Easement Agreement 4 GRANTOR: FIRST BAPTIST CHURCH OF LUBBOCK, TEXAS By: Titles, �c�soiv✓rs.�rrr� TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC. Title: WAYLAND BAPTIST UNIVERSITY Title: Pipeline Easement Agreement THE STATE OF TEXAS COUNTY OF Ju.b b o eJL BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared _Dean .-Jo Ihms t' n , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of FIRST BAPRIST CHURCH OF LUBBOCK, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ';Lq day of b44- ,2013. NELVASMITH o ary ublic in d for the State of Texas W N MY COMMISSION EXPIRES September 2, 2016 My Commission Expires: q THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC.. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: Pipeline Easement Agreement 6 THE STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of WAYLAND BAPTIST UNIVERSITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .2013. Notary Public in an for the State of Texas My Commission Expires: GRANTEE: The City of Lubbo k By: Name: Glen C. Robertson Title: Mayor ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Pipeline Easement Agreement 7 APPROVED AS TO FORM: Ryan J. Bigbee, Aftc&ey STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on , 2013, by Notary Public, State of Texas Printed Name of Notary My commission expires: STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on, e, .e,, ;,� , 2013, by GLEN ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation. o' EBB `+F ° k .91 Texas c $0114014 Notaryublic, State of !'mil A�,febb Printed Name of Notary My commission expires: 03-Q(. , OJJ Pipeline Easement Ageement 8 South Lubbock Sanitary Sewer Extension Parcel No. 35 PERIMETER SURVEY OF A 1.788 ACRE TRACT LOCATED IN N SECTION 8, BLOCK E SCALE: 1'=300' LUBBOCK COUNTY, TEXAS Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feet. Combined Scale Factor. 1.00024 Surveyed_ on the ground. October, , 2013 1 ,1 E. A11en stem Professional Land Surveyor No. 5895 State of Texas Line Table Line # Length Direction Ll 2366.89' N88° 19 15"W L2 J 30.60' NOl° 47' 49" E L3 2367.00' S880 Ib' 56"E L4 35.20' SOV 57' S6"W No abstract of title or title commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. M X Q' Xv n 1 OQ fd 1-4 0 h -Pb HEAVY LINES INDICATE PLAT LIMITS. - FOUND RAILROAD SPIKE o - SET 1/2" IRON ROD WITH CAP ®- SET MAG NAIL A legal description of even survey date herewith accompanies this plat of survey. 21 RD1 , Rqr Reed and Associates, Inc, for the soh: use of TlNc Ua. d aqx ether iienri5cn �a u;ii�':-] u:lhe c-li5.:�: ehcbn heegg Exhibit A - Page 2 of 4 South Lubbock Sanitary Sewer Extension Parcel No. 35 PERIMETER SURVEY OF A 1.788 ACRE TRACT LOCATED IN SECTION 8, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 1.788 acre parcel located in Section 8, Block E, Lubbock County, Texas, being a portion of a 320 acre tract described in County Clerk File Number 2010042154, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a Railroad spike found in the South line of said 320 acre tract and at the Northwest comer of a 113.24 acre tract described. in Volume 9417, Page I53 & 159, Official Public Records, Lubbock County, Texas and at the Northeast comer of 221.72 acre tract described in Volume 5480, Page 5, Real Property Records, Lubbock County, Texas, also being the common comer of Sections 7, 8, 11 and 12, Block F., Lubbock County, Texas; THFNCF, N. 88010'15" W. along the North line of said 221.72 acre tract and the South lines of said 320 acre tract and a 50.00 foot road easement described in Volume 1131, Page 117, Deed Records, Lubbock County, Texas, at 2062.97 feet pass a 60D Nail found at the Northwest comer of a 2.44 acre tract described in County Clerk File Number 2009033437, Official Public Records, Lubbock County, Texas, continuing for a total distance of 2367.00 feet to a mag nail set in the East line of Highway 87 described in Volume 1118, Page 259, Deed Records, Lubbock County, Texas, for the Southwest comer of this tract; THENCE N. 01 047'54" E. along the East line of said Highway 87, a distance of 30.60 feet to a 1/2" iron rod with cap set for the Northwest comer of this parcel; THENCE S. 880I 0' 15" E. a distance of 2367.00 feet to a 1 /2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 01 057'56" W. a distance of 35.20 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 31, 2013 E. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 yXrglil3P[3.]1upq Read 4md AdAft ftF, Inc. fm The 7olc= DMOM C4 GrAindiigmt yidmfiGpy.mdkw.Luu. mLf=na*wwh—. South Lubbock Sanitary Sewer Extension Parcel No. 34 PERIMETER SURVEY OF A 2.066 ACRE TRACT LOCATED IN rNqqY SECTION 7, BLOCK E SCALE: 1 "=300' LUBBOCK COUNTY, TEXAS Line Table Line # Length Direction L1 35.20' NO1 ° 57' 56"E L2 2639.49' S880 07' 22"E L3 33.00' SOl°49'16"W L4 2639.5T N88.10- 14"W 320 .7ra�t" OF BEGINNING10W �Dr 4A CIM R4d.S1�rRea¢ p Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, CORS 96, Epoch 2002.0 Distances are surface, U.S. Survey feel: Combined Scale Factor. 1.00024 Surveyed on the ground. Octo 2E3 OLD, Job E. A]len Reestered Professional Land Surveyor No. 5895 State of Texas No abstract of title or tide commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. NOTES: I HEAVY LINES INDICATE PLAT LIMITS. o - FOUND RAILROAD SPIKE o - SET 1/2" IRON ROD WITH CAP A legal description of even survey date herewith accompanies this plat of survey: Sheet 1 of 21 HUGO FEED AL JIL AND ASSOCIATES, INC., LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 10067640 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-7a0 FAX: 806 / 763-3891 Copyright 2013, Hugo Reed and Associates, Inc. for the sole use of Title Co. for GF F and unk, other identifiers as indicated in the certificate shown hereon. e4Qr4 South Lubbock Sanitary Sewer Extension Parcel No. 34 PERIMETER SURVEY OF A 2.066 ACRE TRACT LOCATED IN SECTION 7, BLOCK E LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 2.066 acre parcel located in Section 7, Block E, Lubbock County, Texas, being a portion of a 320 acre tract described in County Clerk File Number 2010042154, Official Public Records, Lubbock County, Texas, being further described as follows: BEGINNING at a Railroad spike found in the South line of said 320 acre tract and at the Northwest corner of a 113.24 acre tract described in Volume 9417, Page 153 & 159, Official Public Records, Lubbock County, Texas and at the Northeast comer of 221.72 acre tract described in Volume 5480, Page 5, Real Property Records, Lubbock County, Texas, also being the common comer of Sections 7, 8, 11 and 12, Block E, Lubbock County, Texas, for the Southwest comer of this parcel; THENCE N. 01057'56" E. along the common line of Sections 7 and 8, Block E, a distance of 35.20 feet to a 1/2" iron rod with cap set for the Northwest corner of this parcel; THENCE S. 88010'l4" E. a distance of 2639.49 feet to a 1/2" iron rod with cap set in the East line of said 320 acre tract and the West line of a 2.50 acre tract described in Volume 10101, Page 312, Official Public Records, Lubbock County, Texas, for the Northeast comer of this parcel; THENCE S. 01 °49' 16" W. along the common line of said 320 acre and 2.50 acre tracts, a distance of 33.00 feet to a Railroad Spike found at the Southwest comer of said 2.50 acre tract and the Northwest corner of a 160.00 acre tract described in Volume 302, Page 176, Deed Records, Lubbock County, Texas, and the Northeast corner of said 113.34 acre tract and the South line of said 320 acre tract, also being in the common line of Sections 7 and 12, Block E, Lubbock County, Texas; THENCE N. 88010' 14" W. along said common Section line and the South line of said 320 acre tract and the North line of said 113.34 acre tract also being the South line of said 50 foot road easement a distance of 2639.57 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S. Survey Feet. Combined Scale Factor: 1.00024 A plat of even survey date herewith accompanies this legal description. Surveyed on the ground October 31, 2013 &017- E. Allen Registered Professional Land Surveyor No. 5895 :State of Texas Sheet 2 S.ApgfijhL 2M 3. Hop Rb W ead &V=A$M Im fix foe a* PR P(Tlde 03. rPYGP$and an mkvb6cMilueesLridxuditofhecwlfaezb. bomb& EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF LUBBOCK FIRST BAPTIST CHURCH OF LUBBOCK, TEXAS, TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC,, and WAYLAND BAPTIST UNIVERSITY, hereinafter referred to as GRANTOR, for a valuable consideration, to it paid by The City of Lubbock, Texas (the "Grantee") with offices at 1625 13th Street, Lubbock, Texas 79401, the receipt and sufficiency of which are hereby acknowledged, has granted and does by these presents grant unto Grantee the following described perpetual exclusive easement, servitude and right-of-way, as described herein (hereinafter called the "Easement") through, over, under, upon, across and within the lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in Lubbock County, Texas. Pipelines and Equipment Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission lines and to survey, construct, reconstruct, install, operate, inspect, maintain, alter, relocate, replace, repair, and remove (hereinafter called "Permitted Uses") pipelines, conduits, drain (blow -off valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations, pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system communication lines and splice boxes, pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water and/or waste water through, under, upon, over, across and within the Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. For "Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the sole purpose of. (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. 2. Grantee covenants and agrees that its use of the Easement and its operations conducted thereon shall, to the best of Grantee's ability, at all times comply Pipchne Fascmcnt Agrccment with all applicable local, state and federal laws, orders, rules, regulations, standards, licensing, permitting and other legal requirements including, without limitation, all environmental laws, orders, rules, regulations, standards, licensing and permitting (the "Legal Requirements"). Grantee agrees to construct the Pipeline System in a prudent manner, in compliance with all Legal Requirements, and with due care for Grantor's property, business and operations. In the event it is discovered that Grantee is in violation of any portion of the Legal Requirements, Grantee agrees to commence, upon receipt of written notice of such violation, the process of curing such violation so that Grantee will be in compliance with this subparagraph. 3. The Easement granted herein shall be for the transportation of water and/or waste water, regardless of source, and shall continue in full force and effect unless Grantee should abandon the Pipeline System as identified herein. The rights granted to Grantee herein may be abandoned solely by a formal resolution of its governing body that authorizes the abandonment of the Pipeline System. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Unless Grantor agrees otherwise in writing, Grantee agrees that during Permitted Uses related to the Pipeline System, any and all trees, dirt, raw materials, timber, wood, bushes, shrubs and brush, and other debris materials resulting from site preparation cleared from the Easement shall be removed by Grantee from Grantor's property and disposed of properly. 6. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. 7. Grantee shall be responsible for obtaining all permits necessary to construct and operate the Pipeline System on the Easement. Without limiting the foregoing, and to the extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality covering the Easement. 8. During construction of the Pipeline System, Grantee shall provide reasonable access to Grantor's property. Within the Easement, Grantee shall have the right to cut fences and install gates to enable Permitted Uses for the Pipeline System. 9. This grant of Easement shall not preclude the right of Grantor to cultivate, irrigate, use, and enjoy the Lands for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted to Grantee, or endanger any of Grantee's property at the sole discretion of the Grantee. Pipeline Easement Agreement 2 10. Grantee shall exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in 3 above, the title and interest herein granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. Grantor warrants and represents that the title to the Lands described herein are vested in the Grantor, free and clear of any liens and/or encumbrances. Grantor shall provide to Grantee an executed release from any lien holder, tenant, lessee, or other party having an interest in the Lands. 12. Grantor shall procure and have recorded without cost to Grantee all assurances of title and affidavits which the Grantor may be advised by Grantee are necessary and proper to show in Grantor title sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title or title insurance may be procured by the Grantee at its expense. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain any curative documents needed. 13. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 14. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 15. It is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over, under, upon, across and within the Lands. 16. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 17. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 18. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 19. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set Pipeline Casement Agreement 3 forth above. Any notice or demand shall be deemed to have been received the earlier of five (5) days after the date of mailing or the date of actual delivery as shown by the addressee's certification or registry receipt. 20. Neither party shall be liable to the other party or any of such parry's affiliates in any action or claim, including without any limitation, any action or claim for loss of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary, special or other similar types of damages, regardless of how caused and regardless of the underlying theory of recovery, and even if caused by the sole or concurrent negligence of the responsible party. A. To the extent that Grantor owns any portion of any mineral estate, leasehold estate and/or royalty interest of any kind or character under the Lands defined herein, Grantor surrenders and releases its surface drilling rights and all other rights of surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exception and limitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. ii) Grantor shall include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 21. This instrument may be executed in multiple counterparts and the signature pages and acknowledgment pages combined to form one document for recording purposes. TO HAVE AND TO HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the terms and conditions hereof. EXECUTED this day of , 2013 ("Effective Date"). Pipeline Easement Ag=ment 4 GRANTOR: FIRST BAPTIST CHURCI-I OF LUBBOCK, TEXAS Title: T EXAS BAPTIST CHILCDEN'S HOME & FAMILY ERVICES, Ibic By: Title: WAYLAND BAPTIST UNIVERSITY IN Titic: Pipeline Easement Agreement THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of FIRST BAPRIST CHURCH OF LUBBOCK, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF Id/� �,%I04) § BEFORE ME, the undersigned only,gao ubi" in and for said County, Texas, on this day personally appeared D �(. WY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of TEXAS BAPTIST CHILDREN'S HOME & FAMILY SERVICES, INC.. GIVEN ER MY HAND AND SEAL OF OFFICE this —0 day of D015 4�� ,2013. ""' No ary ub is to and forte a of Texas ....... AMANDA ROSE AGUIRRE ! Notary Public, State of Texas My Commission Expires My Commission Expires: �%�°;r•`' AUGUST 07, 2017 Pipclinc rmscment Agrccmcnt 6 THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of WAYLAND BAPTIST UNIVERSITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 12013. Notary Public in and for the State of Texas My Cormnission Expires: GRANTEE: The City of Lubbock By: Name: Glen C. Robertson Title: Mayor ATTEST: eb eca Garza., City Secreta U�C APPROVED AS TO CONTENT: P, /L/ - I i'J Pipeline Easement Agreement 7 79 0 'WAD No Text No Text